The High Court of Kerala dismissed a writ petition challenging the refusal to grant a No Objection Certificate for constructing a prayer hall. The Court upheld the District Collector's decision based on police and revenue reports indicating communal disharmony and lack of prior permission for construction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
FRIDAY, THE 17TH DAY OF JULY 2015/26TH ASHADHA, 1937
WP(C).No. 5365 of 2013 (U)
PETITIONER :
MOHAMMED A. MALIKA PRESIDENT, RAHMANIYYA MUSLIM JAMA ATH, AMBATTAKKUZHY SHIRIYA P.O., KASARAGOD DISTRICT.
BY SENIOR ADVOCATE SRI.GRASHIOUS KURIAKOSE BY ADVS.SRI.M.M.ANTO
SRI.GEORGE MATHEWS SMT.CELINE JOSEPH SRI.P.BHARATHAN
RESPONDENT(S) :
1. DISTRICT COLLECTOR KASARAGOD DISTRICT, KASARAGOD,
PIN-671 121.
2. THE SECRETARY MANGALAPADY GRAMA PANCHAYATH, MANGALAPADY, P.O. UPPALA KASARAGOD DISTRICT,
PIN-671 322.
3. T. SHANKARA NARAYANAN RAO
S/O.RAMAKRISHNAN RAO, NEAR SHIRIYA RATION SHOP SHIRIYA VILLAGE, SHIRIYA P.O., KASARAGOD PIN-671 321.
R1 BY GOVT. PLEADER SRI. MANOJ P. KUNJACHAN R3 BY SENIOR ADVOCATE SRI.M.RAMESH CHANDER BY ADV. SRI.ANEESH JOSEPH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
...2/-
WP(C).No. 5365 of 2013 (U)
APPENDIX
PETITIONERS' EXHIBITS :
--------------------------------------
EXT. P1TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 4.4.2007.
EXT. P2TRUE COPY OF THE PROPOSED BUILDING PLAN & SKETCH. EXT. P3 (SERIES)TRUE COPIES OF THE PHOTOGRAPHS.
EXT. P4TRUE COPY OF THE COMPLAINT DATED 13.04.2010 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE IST RESPONDENT.
EXT. P5TRUE COPY OF THE RESOLUTION DATED 2.1.2010 ISSUED BY THE 2ND RESPONDENT.
EXT. P6TRUE COPY OF THE ORDER DATED 4.7.2012 ISSUED BY THE IST RESPONDENT.
RESPONDENTS' EXHIBITS : NIL
//TRUE COPY//
P.S. TO JUDGE
Mn
K. Vinod Chandran, J
------------------------------------------W.P.(C).No.5365 of 2013-U
Dated this the 17th day of July, 2015
JUDGMENT
The petitioner is aggrieved with the fact that the petitioner has been declined a No Objection Certificate [for brevity “NOC”] for constructing a prayer hall in Re-survey No.109/pt. in Shiriya village despite the Panchayat having requested the District Collector to grant a NOC.
even going by Exhibit P6 order of the District Collector, the petitioner's residence is situated in a Muslim populated area and the only Hindu residing therein is the 3rd respondent. The learned counsel for the petitioner also points to Exhibit P4 objection filed by the 3rd respondent, wherein the objection raised is only on the apprehension that later there will be a burial ground constructed in the mosque and that would impair the source of drinking water
to the 3rd respondent.
WP(C).No.5365 of 2013 - 2 -
WP(C).No.5365 of 2013 - 3 -
construction of the mosque would lead to law and order problem in the area. The Superintendent of Police also specifically reported that two mosques are located nearby and there is no need for a new mosque.
WP(C).No.5365 of 2013 - 4 -
commenced and proceeded with prior to the NOC itself, the petitioner cannot claim any equity to complete the construction. Further, the objection cannot be said to be one confined to an apprehension about the site being converted as a burial ground in future. The Collector, who is in charge of the District administration, has been careful to get a report from the Superintendent of Police and the Revenue Divisional Officer. Both have recommended that NOC be not given; not merely on the grounds raised by the objector, but also on an over all assessment of the situation, which stood against such grant of NOC especially on the ground of apprehension of communal disharmony. This Court does not find any reason to interfere with Exhibit P6.
The writ petition would stand dismissed. No costs.
Sd/- K.Vinod Chandran Judge.
vku/-
[ true copy ]
3 issues framed by the court
Whether the High Court can interfere with the District Collector’s refusal to grant a No Objection Certificate due to apprehension of communal disharmony.
Whether the petitioner can claim equity to complete construction commenced without permission.
Whether the petitioner is entitled to a prayer hall in a residential plot when police and revenue officers reported potential law and order issues.
Mohammed A. Malika
District Collector Kasaragod
Secretary Mangalapady Grama Panchayath
T. Shankara Narayanan Rao
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
